How to Submit a 9A Motion Package and the Order of Documents when Electronically Filing through eFileMA.com
Civil motions e-filed in the Superior Court generally must comply with Superior Court Rule 9A. Below, you will find two checklists, one for standard motion filings and one specifically for summary judgment motions. When preparing a 9A package for electronic filing, all documents must appear in the order they appear on the applicable checklist below.
Note: Rule 9A(d) states exceptions to the Rule 9A requirements. Exceptions include emergency motions, ex parte motions, motions for special process server, and motions filed by incarcerated parties. An emergency motion or ex parte motion may be denied without prejudice to its being refiled in compliance with Rule 9A.
Note: The procedure for Summary Judgment motions is addressed after the Standard Procedure for Civil Motions.
Standard Procedure for Civil Motions
| If Filing | Select eFileMA Filing Code |
|---|---|
| Motion | Motion - other |
| Memorandum in Support | Memorandum (options) |
| Affidavit(s) in Support | Affidavit |
| Opposition(s) to Motion (if any) | Opposition |
| Memorandum(s) in Opposition (if any opposition) | Memo |
| Affidavit(s) in Opposition (if any opposition) | Affidavit |
| Reply to Opposition (if any) | Reply |
| Cross-Motion(s) (if any) | Motion (other) |
| Memorandum(s) in Support of Cross-Motion (if any Cross-Motion) | Memorandum |
| Affidavit(s) in Support of Cross-Motion (if any Cross-Motion) | Affidavit |
| Oppositions to Cross-Motion (if any Cross-Motion) | Opposition |
| Memorandum(s) in Opposition (if any opposition to Cross-Motion) | Memorandum |
| Affidavit(s) in Opposition (if any opposition to Cross-Motion) | Affidavit |
| Reply to Opposition to Cross-Motion (if any) | Reply/Sur-reply |
| A Superior Court Rule 9C(a) Certificate, confirming that the parties conferred in person or by telephone in a good-faith effort to narrow subjects of disagreement, or did not confer despite reasonable efforts. Except for motions filed under Rule 9A(d), a Certificate is required for all other motions, including any dispositive motion filed under Rule 12 of the Massachusetts Rules of Civil Procedure. See Rule 9C(b). For any motion concerning a discovery dispute involving responses to interrogatories, requests for admissions, or the production of documents, a brief is required presenting the text of the interrogatory or request, the opponent's response, and an argument. See Rule 9C(c). | Certificate/Certification |
| 9A Affidavit (if any party who has appeared in the case has not filed an opposition) | Affidavit |
| Request(s) for hearing/oral argument | Request |
| Notice of Filing | Notice |
| List of Documents | Notice |
| Certificate of Service | Certificate |
Summary Judgment Procedure
| If Filing | Select eFileMA Filing Code |
|---|---|
| Motion | Motion |
| Memorandum in Support | Memorandum |
| Affidavit(s) in Support | Affidavit |
| Opposition (if any) | Opposition |
| Memorandum in Opposition (if any opposition) | Memorandum |
| Affidavit(s) in Opposition (if any opposition) | Affidavit |
| Reply to Opposition (if any) | Reply/Sur-reply |
| Statement of Material Facts: One documebt, consecutively numbered (including all opposing parties' responses to each separately numbered fact; including all opposing parties' additional statement(s) of material fact (if any); including all material facts that apply to any cross-motion for summary judgment (if any)) | Statements/Response |
| Cross-Motion(s) (if any) | Motion |
| Memorandum(s) in Support of Cross-Motion(s) (if any Cross-Motion) | Memorandum |
| Affidavit(s) in Support of Cross-Motion(s) (if any Cross-Motion) | Affidavit |
| Oppositions to Cross-Motion (if any) | Opposition |
| Memorandum(s) in Opposition (if any opposition to Cross-Motion) | Memorandum |
| Affidavit(s) in Opposition (if any opposition to Cross-Motion) | Affidavit |
| Reply to Opposition to Cross-Motion (if any) | Reply/Sur-reply |
| A Superior Court Rule 9C(a) Certificate, confirming that the parties conferred in person or by telephone in a good-faith effort to narrow subjects of disagreement, or did not confer despite reasonable efforts. Counsel shall discuss whether the moving party should not make any motion that would qualify for a decision without a hearing, under Rule 9A(b)(5)(vi). See Rule 9C(b). | Certificate/Certification |
| List of Exhibits | Exhibits/Appendix |
| Joint Appendix of Exhibits | Exhibits/Appendix |
| 9A Affidavit (if any party who has appeared in the case has not filed an opposition) | Affidavit |
| Notice of Filing | Notice |
| List of Documents | Notice |
| Certificate of Service | Certificate/Certification |
Conclusion
Not every document listed in the checklists may be necessary for your filing purposes. But please be mindful of these requirements in particular:
- If a motion is opposed, the filing shall include:
- The motion
- Memorandum in support
- Affidavit in support
- The opposition motion
- Memorandum in support
- Affidavit in support
- List of documents
- Notice of filing
- Certificate of service
- A 9A Affidavit is required when any party who has appeared in the case has not filed an opposition.
- A Rule 9C(a) Certificate is required for any motion concerning a discovery dispute involving responses to interrogatories, requests for admissions, or the production of documents, and a brief is required presenting the text of the interrogatory or request, the opponent's response, and an argument. See Rule 9C(c)